Commission Regulation (EC) No 473/2002 of 15 March 2002 amending Annexes I, II and VI to Council Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and laying down detailed rules as regards the transmission of information on the use of copper compounds
Date: 2002-03-15
Institutions: European Commission
Subjects: agricultural product, animal feedingstuffs, consumer information, labelling, organic farming, organic fertiliser, plant health control, plant health product

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COMMISSION REGULATION (EC) No 473/2002

of 15 March 2002

amending Annexes I, II and VI to Council Regulation (EEC) No 2092/91 on organic production of
agricultural products and indications referring thereto on agricultural products and foodstuffs, and
laying down detailed rules as regards the transmission of information on the use of copper
compounds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2092/91 of 24
June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and food-
stuffs (1), as last amended by Commission Regulation (EC) No
2491/2001 (2), and in particular the first and second indents of
Article 13 thereof,

Whereas:

(1)

(2)

(3)

(4)

It is necessary to define more precisely the time at which
the conversion period is started in principle and to
define the conditions which need to be satisfied in order
to recognise retroactively a period before the start, as
being part of the conversion period.

In exceptional circumstances, such as the outbreak of
infectious diseases, accidental contaminations or natural
phenomenons, the stockbreeders can afford difficulties
in obtaining supply of feedingstuffs of organic origin
and an authorisation has to be granted, on temporary
basis and in a limited way, by the competent authority
of the Member State, in view of the use of feedingstuffs
not originating from organic farming.

Part A of Annex II, on fertilisers and soil conditioners,
provides for the possibility of using composted house-
hold waste during a provisional period expiring on 31
March 2002 only. The use of composted household
waste meets a real need in certain Member States, and
this product is strictly regulated as regards the origin of
the waste, the operation of the collection system, which
must have been accepted by the Member State, and the
maximum content of heavy metals, without prejudice to
in
any other requirements for use of such product
general agriculture. These requirements may need to be
reconsidered in the framework of new common legisla-
tion of household wastes. The current authorisation can
therefore be prolonged for a limited period of four years.

Pyrethroids (deltamethrin and lambdacyhalothrin) are
used in organic farming only in traps and their use thus
meets the criteria of Article 7(1) of Regulation (EEC) No
2092/91. The use of these substances has been shown to
meet a real need in certain crops and should therefore be
authorised for an indefinite period.

(6)

(7)

(8)

Germany has asked that ferric phosphate be included in
Annex II to Regulation (EEC) No 2092/91 so that it can
be used as a molluscicide in organic agriculture. Having
examined this request,
the conditions laid down in
Article 7(1) of that Regulation have been found being
satisfied. Moreover, ferric phosphate was recently eval-
uated for compliance with the criteria on human health
and the environment under Council Directive 91/
414/EEC of 15 July 1991 concerning the placing of
plant protection products on the market (3), as last
amended by Commission Directive 2002/18/EC (4). This
product should accordingly be added to Annex II, Part B.

Metaldehyde is authorised for use as a molluscicide in
organic farming for a period expiring on 31 March
2002. This period should be extended for a limited
transitional period of 4 years which would permit to
replace, in the Member States, metaldehyde as mollusci-
cide by iron (III) orthophosphate.

copper

The use of copper in the form of copper hydroxide,
copper oxychloride,
sulphate and
(tribasic)
cuprous oxide and the use of mineral oils as fungicides
are considered to be traditional organic farming prac-
tices in accordance with the provisions of Article 7(1a)
of Regulation (EEC) No 2092/91. It has appeared that
these substances are, at this point of time, indispensable
to the cultivation of various crops and that only by
increased research efforts it will be possible to find on
medium or long term appropriate alternative solutions.
Therefore, these substances should be authorised for the
time being. This authorisation will be reviewed in the
light of new developments and evidence with regard to
available alternatives.

for using copper

The use of copper in the forms referred to above may
have long-term consequences due to its accumulation in
the soil, which appears incompatible with organic farm-
ing's objective of environmentally friendly farming. The
conditions
should therefore be
restricted by fixing a ceiling on use expressed in terms of
kilograms of copper per hectare per year. This ceiling
should start at the level of 8 kg copper per ha, and
should after a limited transitional period of four years be
reduced to 6 kg copper per ha, unless it would be
demonstrated that for certain crops such lower ceiling is
not efficacious. Member States should have the poss-
ibility to apply this ceiling on an average basis over a

(1) OJ L 198, 22.7.1991, p. 1.
(2) OJ L 337, 20.12.2001, p. 9.

(3) OJ L 230, 19.8.1991, p. 1.
(4) OJ L 55, 26.2.2002, p. 29.

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(9)

period of five years. Member States making use of this
possibility should report on the implementation of this
measure and on the quantities effectively used, in view
of a possible review of this regime where necessary.

Extension of the period of use of plant protection prod-
ucts by this Regulation is without prejudice to the deci-
sions taken on the use of these products in agriculture in
general as part of the review programme provided for in
Article 8(2) of Directive 91/414/EEC. The Commission
the report
has presented to Council and Parliament
provided in Article 8(2) for examination. The deadlines
set in this regulation will be reviewed without delay if
this is necessary in the light of the conclusions of the
examination of the report.

(10) Under Article 5 of Regulation (EEC) No 2092/91 the
labelling and advertising of a product may refer to
organic production methods only where the product or
its ingredients of agricultural origin have not been
subjected to treatments involving the use of substances
not listed in Section B of Annex VI. However, sodium
hydroxide is listed in that Annex for use in the produc-
tion of oil from rapeseed (Brassica spp.) during a period
this
expiring on 31 March 2002 only. The use of
substance has been shown to meet a real need in the
production of certain types of organic rapeseed oil used
in foodstuffs. Therefore, the use of this product shall be
authorised for an indefinite period.

(11)

Commission Regulation (EEC) No 207/93 (1), as last
amended by Regulation (EC) No 2020/2000 (2) has
defined the content of Annex VI to Regulation (EEC) No
2092/91 and established the implementation conditions
of Article 5(4) of this Regulation. The Member States
have asked for the inclusion in Annex VI, part C, of
animal casings; after examination it has been established
that the request for inclusion satisfies the requirements
of Article 5(4) of Regulation (EEC) No 2092/91 and of
Article 3(4) of Regulation (EEC) No 207/93.

(12)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee referred
to in Article 14 of Regulation (EEC) No 2092/91,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I, II and VI to Regulation (EEC) No 2092/91 are
amended in accordance with the Annex to this Regulation.

Article 2

Where a Member State decides to implement the derogation
provided for the maximum levels of copper compounds in
Annex II, part B, of Regulation (EEC) No 2092/91,
the
following shall be communicated to the Commission and the
other Member States:
— before 30 June 2002, information on the measures taken to
implement this provision and to ensure its compliance, in
particular at the level of individual holdings,

— before 31 December 2004, a report on the implementation
and on the results of these measures,
in particular the
quantities actually required in each cultivation period since
the entering into force of this provision.

If necessary, the Commission shall take appropriate measures
according to the procedure foreseen in Article 14 of Regulation
(EEC) No 2092/91.

Article 3

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

However, the Member States may continue to apply the provi-
sions of paragraph 1 of part A of Annex I to Regulation (EEC)
No 2092/91, which were applicable before the entry into force
of the present Regulation:
— for parcels for which the conversion period commenced

before 31 December 2002,

— for all parcels which are part of a conversion plan, of a
maximum duration of
agreed with the
competent authorities and which commenced before 1
September 2002; this derogation does not apply for parcels
added to the plan after its initial agreement.

five years,

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 March 2002.

For the Commission

David BYRNE

Member of the Commission

(1) OJ L 25, 2.2.1993, p. 5.
(2) OJ L 241, 26.9.2000, p. 39.

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ANNEX

1.

Annex I to Regulation (EEC) No 2092/91 is amended as follows:

1.1.

Paragraph 1 of part A of Annex I ‘Plants and plant products’

is replaced by the following:

‘1.1. The principles laid down in Article 6(1)(a), (b) and (d) and set out in particular in this Annex must normally
have been applied on the parcels during a conversion period of at least two years before sowing, or, in the
case of grassland, at least two years before its exploitation as feedingstuff from organic farming, or, in the
case of perennial crops other than grassland, at least three years before the first harvest of products as
referred to in Article 1(1)(a). The conversion period shall commence at the earliest on the date on which the
producer notified his activity in accordance with Article 8 and submitted his holding to the inspection system
provided for in Article 9.

1.2. However, the inspection authority or body may decide,

in agreement with the competent authority, to

recognise retroactively as being part of the conversion period any previous period in which:

(a) the land parcels were part of a programme implemented pursuant to Council Regulation (EEC) No
2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the
protection of the environment and the maintenance of the countryside (*) or Chapter VI of Council
Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (**),
or as part of another official programme, provided that the programmes concerned guarantee that
products not listed in parts A and B of Annex II have not been used on those parcels; or

(b) the parcels were natural or agricultural areas which were not treated with products not listed in parts A
and B of Annex II. This period can be taken into consideration retroactively only under the condition that
satisfactory proof has been furnished to the inspection authority or body allowing it to satisfy itself that
the conditions were met for a period of at least three years.

1.3. The inspection authority or body may, with the approval of the competent authority, decide, in certain cases,
to extend the conversion period beyond the period laid down in paragraph 1.1 having regard to previous
parcel use.

1.4.

In the case of parcels which have already been converted to or were in the process of conversion to organic
farming, and which are treated with a product not listed in Annex II, the Member State may reduce the length
of the conversion period to less than the period laid down in paragraph 1.1 in the following two cases:

(a) parcels treated with a product not listed in part B of Annex II as part of a compulsory disease or pest
control measure imposed by the competent authority of the Member State within its own territory or in
certain parts thereof for a specific crop production;

(b) parcels treated with a product not listed in parts A or B of Annex II as part of scientific tests approved by

the competent authority of the Member State.

In these cases the length of the conversion period shall be fixed taking into account all of the following
points:

— the process of degradation of the plant protection product concerned must guarantee, at the end of the
conversion period, an insignificant level of residues in the soil and, in the case of a perennial crop, in the
plant,

— the harvest following the treatment may not be sold with reference to organic production methods,

— the Member State concerned must inform the other Member States and the Commission of its decision to

require compulsory treatment.

(*) OJ L 215, 30.7.1992, p. 85.
(**) OJ L 160, 26.6.1999, p. 80.’

1.2.

Part B ‘Livestock and livestock products from the following species: bovine (including bubalus and bison
species), porcine, ovine, caprine, equidae, poultry’

is amended as follows:

‘By derogation from paragraph 4.8. when forage
1.2.1. The text of paragraph 4.9 is replaced by the following:
production is lost or when restrictions are imposed,
in particular as a result of exceptional meteorological
conditions, the outbreak of infectious diseases, the contamination with toxic substances, or as a consequence
of fires, the competent authorities of the Member States can authorise for a limited period and in relation to a
specific area, a higher percentage of conventional feedingstuffs where such authorisation is warranted. Upon
approval by the competent authority, the inspection authority or body shall apply this derogation to indi-
vidual operators. Member States will
inform each other and the Commission on the derogations they have
granted’.

1.2.2. In paragraph 7.4 the word ‘exclusively’

is included after the word ‘cooperation’.

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2.

Annex II to Regulation (EEC) No 2092/91 is amended as follows:

2.1.

Part A ‘Fertilisers and soil conditioners’

is amended as follows:

In the table, the expiry date of ‘31 March 2002’ for the use of composted or fermented household waste is
replaced by ‘31 March 2006’.

2.2.

Part B ‘Pesticides’

is amended as follows:

2.2.1. In table III ‘Substances to be used only in traps and/or dispensers’, the restriction on the use of pyrethroids

for a period expiring on 31 March 2002 is deleted.

2.2.2. In table III ‘Substances to be used only in traps and/or dispensers’, the expiry date of ‘31 March 2002’ for

metaldehyde is replaced by ‘31 March 2006’.

2.2.3. In table IV ‘Other substances from traditional use in organic farming’, the provisions relating to copper are

replaced by the following:

Name

Description; compositional requirements; conditions for use

‘Copper in the form of copper hydroxide, copper
oxychloride, (tribasic) copper sulphate, cuprous oxide

Fungicide

Until 31 December 2005 up to a maximum of 8 kg
copper per hectare per year, and from 1 January 2006
up to 6 kg copper per ha per year, without prejudice
to a more limited quantity if
laid down under the
specific terms of the general legislation on plant protec-
tion products in the Member State where the product is
to be used

For perennial crops, Member States may, by derogation
to the previous paragraph, provide that the maximum
levels apply as follows:

— the total maximum quantity used from 23 March
2002 until 31 December 2006 shall not exceed
38 kg copper per ha

— from 1 January 2007, the maximum quantity which
may be used each year per ha shall be calculated by
subtracting the quantities actually used in the 4
preceding years from, respectively, 36, 34, 32 and
30 kg copper for the years 2007, 2008, 2009 and
2010 and following years

Need recognised by the inspection body or inspection
authority’

2.2.4. In table IV ‘Other substances from traditional use in organic farming’, the restriction on the use of mineral oils for

a period expiring on 31 March 2002 is deleted.

2.3. A new table IIIa entitled ‘Preparations to be surface-spread between cultivated plants’ is added, with the following

content:

‘Name

Description; compositional requirements; conditions for use

Iron (III) orthophosphate

Molluscicide’

3.

3.1.

Annex VI to Regulation (EEC) No 2092/91 is amended as follows:

Section B ‘Processing aids and other products which may be used for processing of ingredients of agricultural
origin from organic production, referred to in Article 5(3)(d) and Article 5(5a)(e) of Regulation (EEC) No 2092/91’
is amended as follows: the restriction on the use of sodium hydroxide to a period expiring on 31 March 2002 is
deleted.

3.2.

In section C ‘Ingredients of agricultural origin which have not been produced organically, referred to in Article 5(4)
of Regulation (EEC) No 2092/91’, the following is added to paragraph C.3: ‘Casings, until 1 April 2004 only’.